This blog is a result of the heavy censoring of the media by the military dictatorship regime.

Tuesday, November 27, 2012

Contempt ruling could see jailing of Fiji journalist

Wesley with Dallas Winstead

Fiji's oldest newspaper is fighting for survival again.The Fiji Times has been found guilty of contempt of court by the regimebiased judiciary and faces a $500,000 fine and its editor, Fred Wesley, being sent to jail for six months.

Itwas charged over a story that appeared in a New Zealand paper last year quoting the Auckland based Oceania Football Confederation secretary-general,
Tai Nicholas.

Wesley with Brian Flaherty

Nicholas told the Star Times there was no
judiciary in Fiji and that the place was run by a military regime.

The regime doesn't like the world to hear the truth, so used the mediadecree to go after the paper when it printed the story unchanged the next day.

Mac Patel: jailed for a year.

Continuing the farce, the regime's acting solicitor general, Sharvada Sharma, has now asked the Suva High Court to impose a huge fine on the Times plus a custodial sentence.

Once the country's best paper, the Fiji Times has been in the regime's firing line for some time. It was once owned by Rupert Murdoch but the media mogul sold out when the unelected government ruled news organisations had to be partly locally-owned.

Businessman Mac Patel bought the paper in 2010 but he wasconvicted of fraud soon and sentenced to jail. The paper has been in the hands of two publishers in the last two years, first Dallas Winstead then Brian Flaherty, with Fred Wesley appointed editor following Netani Rika's departure.

Earlier this year, it had to go offline for an estimated six weeks while it upgraded to meet the decree ruling that every story longer than 50 words have a byline, and pictures have credits and captions.

In court yesterday, the paper's lawyer, Jon Apted, argued the Nicholas story had been printed by mistake. He said Wesley was not present when the story was processes and the sports editor did not read the full article.

He said the deputy sports editor reviewed the story and made a wrong decision, unaware of the legal implications.

He maintained the penalties should be reasonable and no one should be sent to jail.

Netani Rika: driven out

Sharvada Shama insists, however, that the Fiji Times is a 'repeat offender' and should face the maximum penalty to deter other would-be offenders.

Justice Callanchini has yet to deliver his judgement but it's clear the Times is the first to test the regime's unfair media decree regarding the imprisonment of a journalist.

70 comments:

Anonymous
said...

Anywhere else in the world, Mac Patel would have lost the Fiji Times already under "fit and proper person" laws. Conrad Black lost his papers in Canada, Australia, the UK and the US so why is Patel any different? He used his position as chairman of Fiji Post to buy a $67,000 clock from Prouds, his own company. That is corruption. Mac is corrupt and should not own the Fiji Times.

Shame shame shame !!! that my beloved country has come to this : people in power (and in our case people in power ILLEGALLY) persecuting journalist to silence any criticism of the true nature of the military regime in Fiji.And they thugs want us to believe they are taking the country forward. Forward my arse!

Yeah Mac Patel is not " a fit and proper person" to own the Fiji Times. The Fiji Times should be owned either by Aiyaz Saiyad Kaiyum or by Frank Bainimarama. Both of them are "fit and proper persons" because they say so - and remember they have the guns to back what they say so please do not make the mistake of contradicting what they say.If you do then you will get gaand me banduk or if you are lucky you will be hauled before a crooked court!! welcome to the new fiji!!

It was already public knowledge before it was printed in the FT through the NZ press and its online and can be access through the internet.A high court judge has also revealed in public what the papers has reported and now a magistrate has spoken of the same.

The case has been through the courts including in January which is when the Fiji Sun took the pic of Fred with Brian Flaherty.

C4.5 makes a good point though.

The regime couldn't allow something like a New Zealand report citing Tai Nicholas to interfere with the brainwashing it has done of the local population via guns, decrees, slick PR and Qorvis, Fiji Sun and the likes of FBC News etc etc.

And there's no denying the Fiji judiciary and legal system is pro-regime. In fact, they are not just pro-regime...they are both just following the verdicts handed down to them by Khaiyum and Gates.

I reckon its time for former magistrate Greg Bullard and William Marshall to try to make their stories and revelations work in favour of the local population.

This is what happens when someone who is barely out of his legal nappies is made Acting Solicitor General. Sharvada Sharma has proven he is well and truly a regime stooge and lackey still very green and wet behind the ears and wets his nappies. Fiji is really going down the toilet with shits like Sharma acting s solicitor general.

Fiji is fucked unless someone shoots Frank Bainimarama and Aiyaz Khaiyum and sends the soldiers back to their fucking villagers where they can plant and make themselves useful instead of running around the country like a bunch of bullies/ hooligans and thugs above the law. There is no other way out people.

So for its crime - publishing something which had already been published elsewhere and was therefore already in the public domain - the Fiji Times must be given the "maximum penalty" according to some Sharma Shit lawyer acting for the illegal regime. And the maximum is a fine of $500,000 and three months in jail. So what would the maximum for treason be? Can the shitty lawyer wanting the maximum for the Fiji times "crime" tell us?

" ... no one should be sent to jail". no one from the Fiji times that is. I know some people who should be sent to jail but don't expect Sa va da sharma to prosecute them. he would shit in his pants if he had to do that the tattifala.

The regime will sue whichever media or whoever it wants - that is what happens in a military dictatorship. The people of Fiji including the media, like the way the country is being run, so deserve whatever the regime dishes out.

The media too deserve what they are getting, since 2006 all they've been doing is pussy footing or supporting the regime instead of making a difference.

Quote "" It's a sad day when 4.5 allows people to advocate assassination in Fiji. ""

It may be a sad day for some but certainly not for the present government.

The idiots who use the media in whatever form to threaten, suggest illegal actions, slander and libel and unfoundedly character assinate are playing right into the hands of the government.

It is their imature and irresponsible behaviour that give this goverment (and any goverment worldwide) valid cause for support of their control and actions within such areas as censorship and 'freedom' management.

It has become a fashionable cliche especially for the military rulers in Fiji and their supporters to say let us focus on moving forward. What they mean is that everyone should forget that a military coup (another military coup) took place in the country and that certain people did unlawful and criminal things. All such wrongdoings must be swept under the carpet as the country "moves forward". People who are prepared to do this are now regarded as true patriots whilst people who raise questions about the wrondoings are deemed to be anti -Fiji.In Australia questions are being raised currently on whether the Australian Prime Minister Julia Gillard might have been engaged in a wrondoing some 22 years ago when she was working as a young lawyer. Ms. Gillard has publically defended herself saying she has not done anything wrong. None of her detractors have been branded unAustralian. And the issue has not been swept under the carpet. The debate in ongoing because in Australia no one can hold a high public office like that of the Prime Minister if he or she has been found to have been engaged in a wrongdoing.That's the Australian way of moving forward.One can't help notice the Fijian way is different .Sincerely,Rajend Naidusydney

Seth Fiji Times has been a culprit all along, be it having a huge hand in bringing down the Chaudhary government or printing libilious materials and the affected party having no avenues or resources in bringing them to court to seek justice. The foreign owners and foreign publishes had a field day in previous years by printing sensational news during elections and enjoying the controversy and divisions it caused amongst the Fiji community paticularly between the two major races. Netani Rica was hand picked to be the editor in later years because he was known for his vermonous ideals against the Indians. He did the dirty job for the owners and publishers while they relaxed and enjoyed the magical Fiji weather and company supplied bunglows. They had the power of pen to create hovac in Fiji when things were not going their way. NOW PAY THE PRICE

Why no further information will be released re the sacking of Bullard-the shortest term Fiji's magistrate?? Where is transparency?-why the secrecy??-where is the honesty I read about in the Sun? On day-yes one day---all will be revealed and we will hear it shouted from thr rooftops!!--that day is not far away.Where is Gaddafi now? where is Mubarak? Where is Dr Goebbels? Whre is Idi Amin?Where are the industrialists who supported Hitler? Where --oh--where !!!

On Greg Bullard case :"... no further information will be released on why Bullard is no longer a magistrate in Fiji"of course not! what business is it for the people of Fiji to know ? They have no right to know according to the dictatorial rulers of fiji. Their role is only to pay tax to provide the money that the regime uses to hire magistrates. that's how this regime is preparing the country for "true democracy". How about that!

Well it seems like ASK and FB is keen to get his Fiji Times any which way he can. Soon no one will be left at Motibhai. Either in goal or overseas! They will simply walk in and takeover. Not any different to Idi Amin Dada.

"Sometimes people mistake the way I talk for what I am thinking. I never had any formal education -- not even nursery school certificate. But, sometimes I know more than Ph.D.'s because as a military man I know how to act, I am a man of action."Idi Amin, president of Uganda, as quoted in Thomas and Margaret Melady's Idi Amin Dada: Hitler in Africa, Kansas City, 1977.

I guess you can substitute Idi Amin's name with Frank as both are same.

@RajendThat is the difference between a democratically elected government and the military dictatorship we have. It is very unfortunate that a lot of our prominent people supported the coup and now they are discovering that the whole ' house' is built on sand and the true colours and nature of the beast has been revealed but unfortunately they have nowhere to vent their frustrations. Poor Fiji.

Having said that, Fiji deserves the leaders they get, because people are not doing anything to show the regime thatbtheyndo not agree with what it is doing.

@RajendThat is the difference between a democratically elected government and the military dictatorship we have. It is very unfortunate that a lot of our prominent people supported the coup and now they are discovering that the whole ' house' is built on sand and the true colours and nature of the beast has been revealed but unfortunately they have nowhere to vent their frustrations. Poor Fiji.

Having said that, Fiji deserves the leaders they get, because people are not doing anything to show the regime thatbtheyndo not agree with what it is doing.

Why was Mac Patel jailed for Fraud?Was he trying to make a crooked deal with Rupert Murdock or vise versa? The interim Government is doing the right thing, in order toensure that citizens and guests continue to observed our Nations' laws.Medias are not established torun the nation,they do not,must not,should not,will not & can not control the life of our nation?During the so-called democratic erathe politicians did not know how tocontrol these medias, especially theFiji Times- NO MORE !!!

Tis true. The regime does not like the world to hear the truth. It has brainwashed and intimidated the people of Fiji via propaganda and the guns and cannot such reality to invade Fiji. Sadly, many Fiji people are oblivious to the truth having been induced into a coma like stance.

This is a muslim regime. I cannot understand why the majority of the soldiers who are against the regime overthrow this muslim government. Look at the history of muslim run governments. They are mostly run by dictators. The standard of living is low. Muslims dont care about humanity except looting others. Jesus will save Fiji from this loots.

My simple words.Sitiveni Rabuka and George Speight should have been given the death penalty.Than FB would never have dared to stage a coup.Reap what you have sowed the Great thieves of Fiji.I rest my case.

Editor,One easy way for people to become popular in Fiji these days - popular with the military junta that is - is to come out publically and say let's just help to move the country forward. Never mind the coup. Never mind the rape of democracy and the rule of law. Let's just move the country forward.Many have joined this chorus. And, they include not only the semi-literate citizens (who know no better) but also university professors (who should know better). They also include many foreign government officials and international organisations guided by self-interest and political expediency.What's another coup in another banana republic seems to be their underlying attitude. For them the main thing is to be able to "re-engage"(read: return to doing business as usual with them).Now, can anyone tell us how far forward the country has been moved since the first military coup in Fiji in 1987?Fiji today is a country without a constitution, without a lawful government, without a free press, without a truly independent judiciary and without ( you can add to the list).Fiji today is a country where the citizens are fearful of the people who rule over them. Why? And, critics of the regime are asked whether they love Fiji - implying that they don't.So honestly how far forward have we come since we ended colonial rule and took control of our own national destiny?Honestly, we have not moved forward all that much, have we? Infact, many would contend we have moved backwards.And there is only one reason for where we are today as a nation : we failed to deal honestly with the first coup. We just wanted to "move forward". Where did that take us?And we are once again prepared to "move forward".What's that saying about not learning from history?Perhaps some university professor can help us with that understanding.sincerely,rajend naidusydney

C4.5 Calanchini also been told to go after Flaherty. See FijiSun story:

Judge Justice William Calanchini heard that the second respondent, former Fiji Times publisher Brian O’Flaherty, should receive a three-month custodial sentence suspended for two years. Mr Sharma also proposed a good behavior bond of $100,000.Mr Sharma submitted that because of the seriousness of the contempt of court charge, Mr Wesley should be given a six-month custodial sentence and enter into a good behaviour bond for two years.He said the publication was a scurrilous attack on the judiciary to the extent of saying that there was no judiciary in Fiji.

The funny thing is Rajend is they tell us to just forget everything and move forward ( including some people that blog here) and yet they themselves ( ie the Regime) keep digging up the past.They dug up the past on Qarase and threw him in jail.Why not Bainimarama's past.O yeah we are supposed to forget that and "move the country forward!"They are always going on about the CRW counter attack.

Even now Illegal lawyer Sharvada Sharma digs up the past on Fiji Times, saying they are repeat offenders.

So on one hand The Illegal Regime tells us to move forward and forget the past.... but they themselves do the exact opposite.

It just shows what a whole bunch of liumuri age piche liars they are.Starting from Bainmarama right down to Sharva Sharma all a bunch of low life scum.

Quoting what someone else says is what newspapers do. The only crimes committed by the Fiji Times are crimes of omission -- i.,e., not printing the truth for fear of the reaction of this despotic regime.

After a lot of near misses a moment of brilliance from Rajend Naidu. You are damn right the number of times those trying to justify the regime's illegal acts have on this blog tried to shut us all up with that line: Fiji is moving on.

It's total rubbish and part of the propaganda the regime and supporters are using to silence the voice of the people, the voice of dissent.

Fiji has not moved on: we have been moved along without our permission or input.

Why shouldn't C4.5 allow people to speak their mind, even if what they want is to assassinate the traitor who stole their government, took away their freedoms, destroyed their livelihoods, stole their future, and is ruining their country? C4.5 also allowed moronic comments about Qaraniqio, like how both of his legs should have been cut off, etc.

The Graham Davis types are often deploring the way C4.5 actually allows opponents of the regime freedom of speach, even when they use 'inciteful' language, but we don't see them decrying the hateful, inciting speach of regime supporters, now do we?!

"'Media responsibility', as used by the regime and its supporters, is a euphemism for propagandising on behalf of the regime. If you're 'responsible', you print what the regime wants. If you're 'irresponsible', you print something that the regime doesn't want published, regardless of whether it is true.

"Media do need to be more responsible. In most free countries, that is achieved through libel laws, peer review, and high standards of journalistic ethics.

"In Fiji, those who want to follow events have little choice but to turn to blogs. Yes, blogs are notoriously poor sources of information, but they're more reliable than Fiji's newspapers. What does that tell you about the current health of Fiji's press?

"Indeed, were this the first Easter Sunday, I would expect that only bloggers would have reported the Resurrrection. The Fiji Sun would have printed the guards' version of events exclusively, whilst the Fiji Times would merely have made passing mention of the earthquake."

agree with the comment about Rabuka and Speight getting the death penalty. Lack of will power and guts from the judiciary then has allowed frankie to thrive and think there will be be no consequences for his actions. ASK thinks that simply putting in place an immunity decree will protect him and his left cherry Frank, yeah wait till someone else in power. they will simply rescind the decree and make treason punishable by stoning. Yeah ASK, like in the Muslim countries you originate from. That smugness you put on around town is starting give some people homicidal thoughts about you.

I had just spent an hour with my travel agent booking a three week trip to Fiji when I returned home Ilooked at this site.Needless to say I have decided to go on holiday elsewhere.Ishall also take the time to direct others to your site. I was looking for Fiji Times online but it was not there.You have a hell of a country by all accounts.

What is a tourist doing on this blog site. Come on are we really going to believe you.?

We really need to put pressure on overseas media to start printing what is happening in Fiji. Put the squeeze on this illegal regime and once the money flow stops watch what happens. Alternative is to hire Chuck Norris or James Bond and come over and do us all a favor.

more and more people in fiji and outside fiji (like the anonymous tourist above) have come to realise belatedly that fiji is under thug rule.but the evidence was there from the very beginning when the thugs took over to ""clean up". remember the fire-bombing of the Fiji Times editor Netani Rika's home?who did that?no marks for guessing who!

didnt that magalevu and promiscuous Sharon smith-johns from the Fiji ministry of misinformation say that there is no censorship in fiji..... was she saying that while trying to satisfy ben naliva and rokura both at the same time and was misquoted.....

Coup 4.5 should take the tourist comment on a positive note. People dont realise the backdrop of what is really happening in Fiji and reading this blog plus other blog sites gives people a better perspective. Perhaps what is happening in Fiji should be made to go viral especially in Australia and NZ where majority of visitors travel to Fiji.

Yesterday’s Fiji Times ran a front page article that the Ministry of Health wanted to “Legalise sex trade”.The Attorney-General, Aiyaz Sayed-Khaiyum, said the statement by the acting Permanent Secretary for Health that a change to the Crimes Decree was being contemplated is incorrect.The Attorney-General said no amendments to the Crimes Decree have been approved by Cabinet. Any significant changes to this decree would require Cabinet’s approval and would only occur after wide community consultations.

@Anonymous 29/11 10.58 PMmY BRAIN'S WORKING BEHAL AND THAT'S WHAT A rEGIME lACKEY LIKE yOU fIND difficult to deal with. Don't worry I will be around for a long long time to shoot shit at you and your co-lackeys. so keep your helmut handy !!

Story on move to legalize prostitution in Fiji story in Fiji Times was a setup by the regime. They will try to put more and more stories out to FT and then come out and declare that the story was not true. Wait and see that the regime will then come out with media license issue and say FT is no longer fit to be publisher. This will be in next 6 months.

We need to move quickly and fix this problem by declaring that this regime is not fit to be in government.

"Legalization of Prostitution in Fiji"could certainly boost of Tourism industry in this area? It may even forced other nations to do the same in their country? Come-on people,this is the oldest tradein the market and we might as wellaccept it and do it legally?But theGovernment really need to make surethe charges are fair and only goodlookin babes are licence?

@ Anonymous 12.37AMJust Too Good! What an analogy! People should really be paying more attention to the legal prostitution of the courts but instead they are working themselves into a persecution frenzy over some destitute street prostitutes. But smaller fish is always easier to fry yes?

Legal prostitution and established brothels are inevitable or the high rollers won't come to the new casino. It is an established fact that vice increases with a casino. Or the BIG $ will go somewhere else. I wonder what private discussions took place between the Casino consortium and VB and ASK.